NC House Judiciary Committee Votes No to Pro-Gas Chamber Bill

Update May 13: The Judiciary II Committee in the North CarolinaÂ House has said no to a pro-gas chamber bill. By a vote of 7-5, the committee killed the bill.Â It is now dead for this session.Â This is thanks to your faxes, emails and calls.

For more on this bill, H.B. 27, read Animal Law Coalition’s report below.

Update May 7: The North Carolina House Agriculture Committee has voted to pass HB 27.Â

The originalÂ billÂ was re-written, andÂ the final language was withheld from the public until after the vote.Â Go here for aÂ copy.

The secrecy was probablyÂ to limit protests. This bill now sanctions the useÂ of CO gas for killing all shelter animals. In fact, use of CO gas chambers is now one ofÂ 2 methods that must be used in killing shelter animals. CO gas chambers would be elevated by HB 27Â as not only an acceptable means of killing shelter animals but one sanctioned and even preferred by the state. This bill will mean it is less likely that North Carolina shelters will stop using gas chambers.Â

The other method of euthanasia allowed is intravenous or intraperitoneal injection of sodium pentobarbital or an equivalent drug.Â Â

HB 27 does not indicate one method is preferred over the other, meaning the state would sanction both equally. Even the AVMA and NCVMA recognize lethal injection is the humane, preferred alternative.Â Â

It is not clear why proponents bothered to pass the bill other than to ensure the continued availability of CO gas chambers. The bill does nothing for animals and makes no changes regarding other methods of killing that are not already addressed by the state Dept. of Agriculture rules regarding euthanasia. The bill also does not improve upon or make changes in the use of CO gas chambers that is not already required by the rules.

Under HB 27 a veterinarian, certified euthanasia technician or a probationary CET working under the supervision of a veterinarian, has complete discretion to choose the method of killing: CO gas chambers or lethal injection.Â Â A log must be kept of theÂ method of killing used for each animal, the identity of the person performing the killingÂ and the reason for the particular method.Â Â

This move to entrench the use of CO gas chambers by public shelters should probably come as no surprise.Â Ralph Houser, DVM,Â manufactures gas chambers and also sells them to North Carolina shelters and instructs them on their use.Â He sits on the North Carolina Animal Rabies Control Association.Â For more on Houser, go here. Â Houser together with North Carolina Veterinary Medical Association, Farm Bureau,Â North Carolina Association of County Commissioners and the state Dept. of Agriculture and Consumer Services, worked on HB 27 to assure the continuation of CO gas chambers in North Carolina’s animal shelters.Â

Also, HB 27 now goes to the Judiciary II Committee. There will be a vote on this billÂ shortlyÂ before the May 14 crossover date so act now! PLEASE write and callÂ the members of the andÂ ask them toÂ OPPOSE House Bill 27.Â Â

Original report:There are 2 bills pending in the North Carolina legislature concerning euthanasia of shelter animals:Â One is Davie’s Law, S.B. 199, supported by Animal Law Coalition, American Humane Association, ASPCA, National Animal Control Association, In Defense of Animals, Born Free USA,Â HSUS and dozens of North Carolina animal welfare groups, shelters, and veterinarians.

Unlike Davie’s Law, H.B. 27 endorses and supports use of CO gas chambers inÂ North Carolina shelters for all animals. Â It leaves shelter workersÂ exposed to dangerous CO gas. Attached for downloading isÂ a compilation of inspection reports that show shelter workers are and have been exposed to dangerous CO gas from leaking or malfunctioning animal gas chambers in North Carolina. There have also been explosions.

Exposure even to low levels of CO gas can mean blurred vision, headaches, tinnitus, nausea, mental illness or impairment, convulsions, muscle spasms, cancer, cardiovascular disease and death.Â A summary of studies is attached below and can be downloaded.

Proponents of gassing say it is necessary for aggressive, diseased or distressed animals, but obviously most shelters euthanize them without CO gas.Â

The AVMA and NCVMA have no studies to prove CO gas chambers are humane when used in public shelters.

Indeed, the suffering of animals dying in a gas chamber has been documented by NC inspectors. There are numerous reports of animals suffering as they die in gas chambers. Some animals have even survived this ghastly process only to be gassed again. No one can say it is not a painful, cruel death. The AVMA’s Â 2007 Euthanasia report acknowledges that until there is sufficient build up of gas in the lungs, animals experience a great deal of agitation: "distress vocalization (this means barking, crying, howling), struggling, attempts to escape, defensive or redirected aggression, salivation, urination, defecation" and more. Â Â The AVMA report states in mammals, meaning dogs and cats, it may take longer to lose consciousness.

Gas chambers in NC do not use a gauge to measure the level of CO. Without a gauge, it is impossible to know when or if the animals lose consciousness or the suffering they endure until then.

There is no reason for such danger and cruelty in our public shelters.

Also,Â a cost study of euthanasia in North Carolina shelters establishes euthanasia by injection is not only safer for workers and humane for animals, it is cheaper.Â (The study is attached below for downloading.) Why continue the use of costly animal gas chambers? Â

10 Responses to NC House Judiciary Committee Votes No to Pro-Gas Chamber Bill

Garo Alexenian is going around telling everyone HB 27 is a great bill that “addresses” gas chambers. I was shocked when i read the bill to see it promotse gas chambers for all animals. I don’t understand why Garo is misrepresenting the bill to us. It’s frustrating to know with this bill, Garo and Bill Reppy have made things worse for animals in our state. Ted

Garo is an idiot. He and Reppy have huge egos and just want credit for passing a bill. But the bill is for the gas chambers so they lie about what the bill actually says. The Ag people and NVMA are to blame too.

On this Garo Alexanian’s “Companion Animal TV Network” website, he asks for money for his North Carolina gas chamber effort. How many people have given him money to inadvertently push the bill that SUPPORTS gas chambers?

Yes, Garo is clearly telling people HB 27 “addresses” the gas chamber issue and implies that the bill restricts their use when, in fact, the bill sanctions and entrenches the use of the gas chamber in NC for all animals.

Please vote no on H 27 to stop a state sanction for Carbon Monoxide gas chambers.

Gas chambers have been proven toÂ be cruel and inhumane.Â TheÂ sponsors of H27Â originallyÂ called for a gas chamber ban. However, they areÂ Â now seeking aÂ legislative endorsement of gassing.Â Why in one session have H 27 sponsors moved from seeking a ban on gassing to seeking legislative approval??Â The people of the state do not want the legislature to give an endorsement to a cruel method of killing animals.

Listed below are issues and problems contained in the "new" version of H 27

( Proposed Committee Substitute) :

1. H -27 asks for legislative approval of carbon monoxide gas chambers. 15 or more states have made gassing illegal. NC must not sanction a method of killing that is illegal anywhere.

2. Neither the NC Veterinary Medical Association, the American Veterinary Medical Association, nor the Department of Agriculture have submitted any scientific proof to support their claim that gassing is humane. In fact, the NCVMA has done no studies on the subject. The AVMA has done no studies on euthanasia in an animal control environment. The studies to which the AVMA refers are limited in number, carried out in a "laboratory" and the results are inconclusive. Those studies were not done under the supervision of the AVMA and some were done outside of the US.

3. H-27 misrepresents carbon monoxide gasÂ by listing it as an Â equal toÂ euthanasia by injection. This is false and misleading. Both the NCVMA and the AVMA, as well as the Humane Society of the US, the National Animal Control Association, and American Society for the Prevention of Cruelty to Animals all state that Injection euthanasia is more humane and preferable to carbon monoxide gas. That information is being withheld.

a. The bill’s language does not identify gassing as a second choice method and a method that is only conditionally acceptable.

4. H-27 seeks to eliminate two long time friends of the state from the NC Statutes. They are the Humane Society of the United States and the American Humane Association. These highly regarded national organizations continue toÂ offer great assistance to the state and should remain in the statutes for reference purposes. Their removal is part of theÂ Department of Agriculture’s Â plan to take absolute control of all matters related to euthanasia. This plan includes eliminating oversight and accountability.

5. The Department of Agriculture has joined in writingÂ this bill and seeks to weaken the directives and responsibilities assigned to it by the legislature. H 27 seeks to do this by changing the language inSECTION 1. G.S. 19A-24(5) .

The changes include replacing the instruction "shall" with "may". This creates the opportunity of a choice as opposed to complying with the legislative directive that the Dept. "shall" take certainÂ actions. This seriously weakens the Animal Welfare Act.

a. Ex. — An animal ( shall – may) only be put to death by a method and delivery of method ….

6. The Department of Agriculture seeks to establish absolute authority regarding euthanasia procedures and to eliminate standards and mandatory guidelines.

H-27 will allow the Ag. Dept. to ignore the recognized expert guidelines on euthanasia currently referenced in NC Statutes. This will place absolute authority for the administration of companion animal euthanasia in the hands of the Dept. of Agriculture. This will be a dangerous action. Organizations that are in the statutes for the purpose of providing euthanasia guidelines will be eliminatedÂ The Department of Agriculture does not employ individuals qualified for the task.

Â Â a. SECTION 1. G.S. 19A-24(5) –Tricky Language change — " animals – may) only be put to death by a method and delivery of method approved by the American Veterinary Medical Association, but only if this Article and the rules adopted by the Board are silent as to any necessary or required procedure or process for animal euthanasia. This will place 100% control in the hands of the Dept. of Agriculture.

( HSUS and AHA have been eliminated)

Â Â a. It will be dangerous to vest absolute authority for humane euthanasia in the hands of the Department of Agriculture. That department does not employ a single euthanasia expert. It is important to note that the Department of Agriculture does not have any euthanasia guidelines similar to the AVMA, HSUS, or AHA.

7. H-27 seeks to have North Carolina pets sold for research purposes rather than be euthanized. A humane death is preferable to the stress, pain, and suffering the pets will endure as research subjects.

Serious flaws exist in H-27. If passed H-27 will condone the cruel killing of animals with the state’s approval !!!Â

It will also allow the Department of Agriculture to revise and weaken the instructions given to it by the legislature in the Animal Welfare Act.

The language and intent of H 27Â directly contradictsÂ the objectives of the Animal Welfare Act.

If any member of the house/senate has a business that kills animals in such a manner and they voted against the ban of gas chambers, please file an ethics violation complaint so this may be investigated as conflict of interest for voting for self serving purposes so that it may be investigated.